Nitin Khatik vs The State Of Madhya Pradesh
2021 Latest Caselaw 6723 MP

                                     1                              CRA-5195-2021
        The High Court Of Madhya Pradesh
                   CRA-5195-2021
                   (NITIN KHATIK Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 23-10-2021
       Heard through Video Conferencing.

       Shri Manish Datt, learned Senior counsel with Shri Sandesh Dixit,
learned counsel for the appellant.
       Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for final hearing. Also heard on I.A.No.15859/2021, which is first application filed under section 389 (1) of Cr.P.C. for suspension of custodial jail sentence and grant of bail filed on behalf of the appellant.

The appellant/accused has filed this appeal against the judgment dated 31/08/2021 passed by 25th Additional Sessions Judge, Jabalpur in S.T. No. 666/2017, whereby the appellant has been convicted for commission of offence punishable under Sections 324 and 326 of the IPC and sentenced to undergo RI for six months and five years alongwith fine amount of

Rs.1,000/- and Rs.5,000/- respectively with usual default stipulation.

Learned Senior counsel for the appellant submits that the appellant was on bail during the trial and he did not misuse the liberty so granted to him. There is a fair chance to succeed in the case and if the custodial sentence of the appellants is not suspended then the appeal filed by them may turn infructuous. The disposal of the appeal will take time. Hence, learned counsel for the appellant prays for suspension of custodial sentence of the appellant.

Learned Panel Lawyer opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant shall remain suspended till further orders and they be released on bail on his furnishing a personal bond for a 2 CRA-5195-2021 sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his further appearance before the trial Court on 20.12.2021 and thereafter, on all the dates as may be fixed by the trial Court in this behalf.

List the appeal for final hearing in due course.

CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

skt SANTOSH KUMAR TIWARI 2021.10.23 17:17:03 +05'30'